The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1887-05-10
IMPORTANT DECISION.

The following opinion, filed in the
Supreme Court on Saturday last, is
of such Importance, that we repro
duce it in full: =
This case comes up by appeal
from the Police Court of Honolulu.
1t is presented to this Court on the
following agreed statement of facts
and the question reserved:-
The following facts are agreed
upon: That plaintiffs in the month
of November, 1886, imported and
duly entered under bond at the Gus
tom House at the port of Honolulu
an invoice of Manila cigars of the
value of nine hundred and tifty-two
dollars (S952); that on the third
day of December, 1886, plaintiffs
withdrew from bond ten thousand
of said cigars of the value of one
hundred and nineteen dollars
($1l9), and paid to defendant ten
dollars per thousand; that in addi-
ton to SAID duty defendant cxacted
and plaintiffs paid under protest a
further duty of % percent upon the
value of said cigars, amounting to
the sum of S29.75; that plaintiffs
also in the month of January, 1887,
imported and duly entered under
bond at said Custom House an in
voice of Havana cigars of the value
of $3.50; that on the 24th day of
said January plaintiffs withdrew
from bond said cigars and paid
duty of 10 per cent on the same;
that in addition to said duty defend
ant exacted and plaintiffs paid un-
der protest further duty of 20 per
cent upon the value of said cigars,
amounting to the sum of S157. 80:
that defendant would not allow said
cigars to be withdrawn from bond
without payment Of said duties of
25 per cent.
plaintiffs claim that the law
enacted at the session of 1886, TO
wit, so much as relates to cigars, of
section 2 of an Act approved Octo-
ber 18th, 1886, entitled, IAN Act
amendatory of section 2 of chapter
2S of the Session Laws of 1878, re-
lating to import duties upon wine,
being chapter 81 of said laws, is un-
constitutional.
''lt is agreed to request the Court
to reserve the question of the consti-
tutionality of said portion of said
law. And that if said law is held
good judgment shall be entered for
the defendant with costs, and if said
law is held void so far as relates to
cigars judgment shall be entered
for the plaintiffs for the sum of
SlS7.25 with COSTS"
The title of the Act concerning
which the question of constitution
atty is raised is San Act amenda-
tory of section 2, chapter 28, Session
Laws of 1878, relating to import
duties upon Wines" ''The title of
the Act of 1873 which is referred to
is "An Act to amend an Act en-
titled 'An Act to Increase the In
port Duties upon Certain Goods,
approved the 9th day of Septem-
Der, lo76.'" The certain goods
upon which the duties are increased
by the Act arc more than forty
articles or classes of articles, among
them three classes of wines. The
Act of 1886 imposes specific duties
on eight classes of goods including
the three classes of wines.
Article n of the Constitution
reads: $40 avoid improper inau-
ences which may result from inter-
mixing in one and the same Act
such things as have no proper rela-
ton to each other, every law shall
embrace but one object and that
shall be expressed in its title" A
like article is found in the Constitu-
tions of majority of the States of
the American Union, some of them
using the term Zone subject" and
some Zone object" The purpose
OF this provision is, first, to prevent
hodge podae or "log rolling" legis-
lation, and, secondly, to prevent
surprise or fraud upon the Legis-
latnre by means of provisions in
bills Of which the titles give no inti-
nation, and, thirdly, to apprise the
people of proposed matters of legis-